Terms of Service of the Booksy Application for Customers

I. Definitions

Application for Customers / System - Booksy software and service, operated by Booksy and distributed under the name "Booksy", available on the Internet in the domain www.booksy.com, through mobile applications for iOS and Android software and via widgets that can be embedded on the websites or profiles in social media (Facebook, Instagram) of the Partners. The system is intended for Customers and is used to reserve services by Customers in order to accept contracts for the provision of Services by Partners;
Application for Business - Booksy software and service, supported by Booksy and distributed under the name "Booksy", available on the Internet at www.booksy.com/biz. The Business Application is intended for Partners and enables contact between the Customer and the Partner to accept agreements for the provision of Services by Partners;
Booksy - Booksy UK LTD, registered in the Companies House under the number 9931642, with its registered address at Ealing Cross, 1st floor, 85 Uxbridge Road, London W5 5TH, United Kingdom;
Customer - a natural person who is at least 18 years old, has at least limited legal capacity and has created an Account in the System for purposes not related to his business or professional activity in order to use the Services offered by Partners;
Account - a part of the System together with a set of IT solutions allowing the use of the System for logged in Customers;
License - a non-exclusive, free license granted to customers to use the System;
Mobile Payments – functionality of the System that enables Customers to make payments for the Partner’s Services via the Payment Operator;
Partner - a natural person, a legal person, an unincorporated body (legal entity without legal personality) who uses the Application for Business in connection with their business or professional activity and has created an Account in the Application for Business for themselves, as an entrepreneur, in order to provide Services to Customers. Each Partner is an entrepreneur within the meaning of the generally applicable provisions of the law.
Payment Operator – entity providing payment services within the framework of Mobile Payments: Stripe Payments Europe, Ltd., a company registered in Ireland at The One Building 1 Grand Canal Street Lower, Dublin 2 Co. Dublin, Ireland or Adyen N.V., a company registered in Amsterdam under number 34259528 and having its seat at Simon Carmiggeltstraat 6-50, 1011 DJ in Amsterdam, the Netherlands.
Profile - a profile created by the Customer in the System;
Registration - a multi-stage process involving the creation of an Account in the System or in another way made available by Booksy (e.g. using Facebook or Google); this is done by completing the appropriate registration form in accordance with the description of the form fields provided, and then approving this form. During the registration process, the Customer will be able to log into the System via an Account;
Reservation - the Customer makes a reservation of the Service at the Partner using the System;
GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Regulation on the Protection of data);
Service, Services - services offered via the System by the Partners, in particular in the field of cosmetics, hairdressing, wellness and spa, broadly defined preventive medicine and other properly described;
Terms of Service - these Terms of Service of Booksy Application for Customers, available at https://booksy.com/en-gb/p/terms and as part of the System;
User - Customer or Partner.

II. Preliminary Provisions

The Terms of Service define the terms and conditions for the provision of electronic services by Booksy via the System, in particular the terms and conditions for the use of the System by Customers and for making Reservations.
You can contact Booksy by:
1. e-mail to the following address: help.gb@booksy.com;
2. post to the address: Foundry Eastbourne, 78 The Beacon, Eastbourne, East Sussex, BN21 3NW, United Kingdom;
3. telephone: +44 (0) 1323 700057.

III. Types and scope of Booksy services

Booksy grants Customers access to the System enabling contact between the Customer and the Partner to accept contracts for the provision of Services. Customers can make Service Reservations via the System.
All graphic elements, technical solutions, text, software, databases and other materials placed and made available as part of the System, as well as the manner of their presentation (layout) are subject to legal protection in the field of copyright and related rights held by Booksy.
Booksy provides services to Customers including the following services:
1. using the Account;
2. providing Partner search engine;
3. making Reservations of Services provided by the Partners, as well as subsequent change of the date and cancellation of the Booking via the System (subject to point V. paragraph 4 of the Terms of Service);
4. making payments for Services via the System;
5. the Customer receives reminders about the date of the Services booked via the System (sms, e-mail, push);
6. enabling Customers to publish opinions about Partners and Services rendered;
7. Booksy only provides the System to enable contact and accept contracts for the provision of Services, is not a party to these contracts, does not bear any liability to customers for the proper performance of Services, and is not responsible to Partners for making payments for the Service.
Booksy ensures the correct availability of the System, subject to point VIII paragraph 1(a).
Booksy does not charge customers any fees for using the System.

IV. Agreement on the use of the System

Conclusion of the contract for the use of the System takes place through Registration and is associated with the acceptance of the Terms of Service. The Customer undertakes to comply with the provisions of the Terms of Service.
The contract for the use of the System is accepted for an indefinite period.
The Customer gains access to the functionality and content of the System after Registration and logging into the created Account.
Booksy, in order to enable Customers to make a Service Booking, grants Customers a non-exclusive, non-transferable, granted for the time of using the System, limited to the territory of the United Kingdom, taking into account the extraterritorial nature of the Internet, License to use the System. The above License entitles Customers only to temporarily reproduce the System by displaying it in a web browser and to reproduce it permanently by installing the System in the form of an application on a mobile device in order to use it in accordance with its intended purpose and functionality specified in the Terms of Service. Customers are not entitled to any other rights, including intellectual property rights, other than those expressly indicated in the Terms of Service, in particular Customers are not entitled to any use of the System source codes. Customers acknowledge that failure to comply with the above obligation may result in violation of Booksy's copyright to the System and holding the Customer liable in this respect.
The Customer is obliged to provide complete and truthful personal data and other data required during Registration and to check and update it without any requests from Booksy. By providing one e-mail address or one phone number, the Customer may set up one Account. If several Accounts are created using the same email address or phone number, Booksy has the right to block other Accounts.
In the registration form when creating an Account, the data which is necessary to create an Account and use the System are highlighted and marked.
All data and information are provided by the Customer voluntarily, however, providing some data may be necessary for the purpose of booking the Service.
The Customer undertakes that:
1. entering data into the System will be authorised to do so and does not infringe upon the rights of third parties by his actions;
2. all information and data provided by the Customer in the System will be true;
3. refrain from placing data referred to in art. 9 GDPR, i.e. personal data revealing racial or ethnic origin, political views, religious or ideological beliefs, trade union membership and genetic data, biometric data enabling unambiguous identification of a person or data on health, sexuality or sexual orientation - Booksy does not require providing such data from customers to use the System;
4. will use the System only in a manner consistent with its purpose;
5. will not place in the System, including in the Account and in the Customer Profile content (information, photos, etc.) violating the law, pornographic content, contrary to decency or violating the rights of third parties (including personal rights), principles of fair competition or provisions of the Terms of Service;
6. will not copy, modify, distribute or reproduce all or part of the System, other than in accordance with the License;
7. will not give third parties access to the System - only the Customer is responsible for the confidentiality and security of his Account, including keeping secret passwords and login;
8. will immediately inform Booksy of any unauthorised use of his Account by third parties;
9. will not set up more than one Account;
10. will immediately inform Booksy if third parties assert claims against it in connection with a breach of law by the Customer in connection with the use of the System;
11. will not in any way, other than for the purposes of using the System, process or use the personal data of other Users, which may be made available to them while using the System.
The Customer is responsible for their activities related to the use of the System and for content placed in his Account, Profile and in the System.
The Customer may withdraw from the contract for the use of the System within 14 days of its concluding without giving a reason and without incurring costs or in the event that Booksy does not provide the Customer with the System immediately after concluding the agreement with the Customer by sending a statement of withdrawal to the e-mail address: help.gb@booksy.com or to the address Booksy indicated in point II of the Terms of Service. A model statement of withdrawal from the contract is attached as Annex 1 to the Terms of Service.
The Customer and Booksy may terminate the contract for the use of the System without giving a reason, subject to a 30-day notice period. Termination shall be effected by either (i) sending a termination statement by the Customer to Booksy, at the e-mail address: help.gb@booksy.com or (ii) Booksy sending the termination statement to the Customer, to the e-mail address assigned to the Account of the respective Customer in the System.
If Customers violate the obligations referred to in Section IV, paragraph 8 above, Booksy shall be entitled to: (i) temporarily block the Customer's Account; (ii) permanently delete the Customer's Account; (iii) remove prohibited content; or (iv) terminate the contract for the use of the System immediately, at Booksy's sole discretion.
In the case referred to in Section IV, paragraph 12 above, Booksy shall be entitled to terminate the contract for the use of the System with the Customer immediately. The termination shall be effected by Booksy sending a notice of termination to the Customer at the e-mail address assigned to the Customer's Account in the System.

V. Reservation of the Service provided by the Partner. Partner rankings in search results

The Customer may book the Service via the System. The Booking takes place upon confirmation by the Partner. The customer receives a confirmation of the Booking - via the System or sms / e-mail. Until the Partner confirms the Booking, the Booking has the status of unconfirmed and the Service does not have to be carried out by the Partner.
The conditions on which the Booking is made may be specified by the Partner in the information (regulations, price lists, etc.) made available to the Customer in the System before making the Booking. The content of this information and generally applicable provisions, in particular provisions on consumer rights, determine whether, what type and content the contract is accepted between the Partner and the Customer.
Making a Booking may be dependent on the payment of the deposit or agreeing for the cancellation fee payable to the Partner - information about the possible obligation and consequences of paying the deposit or agreeing to cancellation fee will then be made available to the Customer in the System before making the Booking. The cancellation fee is collected by the Partner at the moment of commencing the provision of the Service by the Partner, if the Customer has missed the appointment, or after the cancellation of the appointment by the Customer after the deadline set by the Partner in which it is possible to cancel the Booking without incurring costs. The deposit is collected by the Partner - at the time of making the Booking.
Failure to make a deposit if required by the Partner, in accordance with the terms of the Reservation referred to in paragraph 2-3, means no Booking.
The Customer may at any time cancel the Booking, even after prior confirmation by the Partner, unless he has previously used the Service. The effects of canceling a Booking - in particular as regards the Partner collecting a deposit or incurring the cancellation fee - may specify the terms of the Booking referred to in paragraph 2-3. This does not exclude or limit the rights of the Customer as a consumer, resulting from generally applicable provisions, in particular the right to withdraw from a distance contract, while Booksy is not responsible for the implementation of these rights by the Partner, in particular in the event of effective withdrawal by the Customer from the contract accepted with the Partner - it is the Partner who is liable to the Customer for the refund of amounts paid by the Customer.
The Customer is obliged to make payments for the Service directly to the Partner on the conditions indicated by the Partner for a given Service. Booksy offers the option of making payments via the System. In this case, the payment for the Service will be collected from the Customer by the payment intermediary, i.e. an external institution that supports online payments to carry out the instruction of the payment submitted by the Customer, ensuring a secure payment channel through online banking.
In the case of a Customer searching for services or Partners, the Customer is presented with Partner Profiles that try to match all the search criteria specified by the Customer. The Customer can use filters ("Special Offers", "Mobile Services", "Online Services") and location to narrow down the search results. The Customer can also sort Partner Profiles based on the following criteria: "Sponsored first", "Distance" (nearest first), or "Reviews" (top-rated first).
The main parameters determining the positioning of Partner Profiles in the Customer's search results are as follows:
1. region - initially, the Customer is presented with Partner Profiles that meet the location criteria specified by the Customer or the location provided by the Customer through GPS;
2. distance - initially, the Customer is presented with Partner Profiles located closest to the Customer;
3. availability - initially, the Customer is presented with Partner Profiles that have an available time slot for the service of interest to the Customer;
4. business category - a Partner can specify whether a particular service belongs to their primary or additional business category. If the Customer searches for a specific service, the Partner Profiles that have defined the searched service as their primary business category are presented to the customer first;
5. service type - a Partner can specify the type of a particular service. If the Customer searches for a specific service by selecting its type, the Partner Profiles that have designated the same service type are presented to the Customer first;
6. ratings - initially, the Customer is presented with Partner Profiles that have the highest ratings based on reviews from other Customers;
7. gender - initially, the Customer is presented with Partner Profiles tailored to the gender specified by the Customer;
8. promotions - initially, the Customer is presented with Partner Profiles that offer the highest promotions at the time of the search;
9. profile views to completed visits ratio - Booksy analyzes the proportion of the number of profile views to the number of completed visits to a particular Partner. Initially, the Customer is presented with Partner Profiles that have the highest value in this aspect;
10. completed visits booked by the Customer - initially, the Customer is presented with Partner Profiles that have the highest number of completed visits that were self-booked by the Customer through the Application;
11. repeat visits - initially, the Customer is presented with Partner Profiles that have the highest number of repeat visits booked by various customers.
The purchase by a Partner of an optional, additional service from Booksy, aimed at supporting the Partner in acquiring new Customers, may also impact the search results displayed to the Customer. Partner Profiles that have availed of this additional service will be displayed higher in the Customer's search results.

VI. Gift Cards

Partners who activate the Mobile Payments option for Customers as set out at XI. of the Terms of Service may provide Customers with the opportunity to purchase electronic vouchers, entitling them to the use of Partner’s Services (a "Gift Card").
Partners shall provide all information required by Booksy to enable Booksy to set up the Gift Card opportunity on the Application. Partners are responsible for ensuring that the information provided is accurate. Booksy shall not be responsible for any errors as a result of inaccurate information provided by Partners.
The Customer can purchase a Gift Card:
1. through the Application - on the profile of the respective Partner by clicking on the designated tab;
2. in person at the specific Partner’s location.
The Gift Card is activated only upon receipt of payment and is sent to the Customer's email address in PDF (or another) format.
The Customer pays for the Gift Card:
1. as described in the Gift Card description on the respective Partner's profile, when purchasing the Gift Card through the Application, which purchase shall be subject to the terms and conditions set out in the Application in respect of the purchase of Gift Cards;
2. based on the terms agreed upon with the Partner - when purchasing the Gift Card in person at the Partner’s location.
The Customer may use the Gift Card exclusively at bricks-and-mortar outlets by presenting the Gift Card to the Partner from which it was purchased.
Partners are issuers of Gift Cards and shall be solely responsible for the sale and use of Gift Cards and for the proper performance of the Partner Services covered by Gift Cards.
Partners are also solely responsible for compliance with applicable laws and regulations in relation to the provision of Gift Cards to Customers, handling complaints and enabling the Customer to exercise their consumer rights. Booksy assumes no liability as referred to in this point. In order to submit a complaint or exercise consumer rights, the Customer is obliged to make direct contact with the Partner from which the Gift Card was purchased.
Detailed rules defining the provision and use of the Gift Card are specified by the Partner in the offer made available by the Partner in the System. In particular, the Partner may specify:
1. the scope or type of Partner Services;
2. the price and the value of the Gift Card expressed in currency (e.g. the price of the Gift Card is 100 GBP and the value of the Gift Card is 120 GBP, which means that the Gift Card entitles to a Partner Service worth 120 GBP);
3. the validity period of the Gift Card, i.e. the last day on which the Gift Card may be used;
4. other additional information.
The terms set out by the Partner under which the Gift Card is provided and redeemed shall not exclude or restrict:
1. the provisions of the law in force, including consumer protection laws;
2. the rules for chargebacks, as set out in the respective terms and conditions of banks or payment cards/credit card operators/providers.
A Gift Card cannot be exchanged for cash without the consent of the Partner. The balance of the Gift Card is not subject to interest. The Gift Card is not an electronic payment instrument, an electronic money instrument or a payment card.
The Gift Card cannot be topped up (repeatedly).
The Gift Card is issued to the bearer. If the Gift Card is transferred to another person, the Customer transferring the Gift Card is obliged to inform the recipient of the Gift Card of the terms and conditions of using Gift Cards as defined in these Terms of Service and the Partner’s offer.
If the Customer uses a Partner Service with a price that is lower than the value of the Gift Card, the Gift Card balance will be reduced accordingly, and the remaining amount will be available for use within the Gift Card’s validity period.
The Customer may use a Partner Service with a price higher than the funds available on the Gift Card by paying the difference with another method of payment.
The Customer may not use several Gift Cards for a single booking.
The Customer may check the balance and expiry date of the Gift Card by visiting their account in the Application or by contacting the Partner from which they purchased the Gift Card.
With the expiration of the validity period of the Gift Card, the Customer will lose the opportunity to use the Gift Card with the respective Partner. The validity period of the Gift Card cannot be extended. In particularly justified cases, including if the use of the Gift Card was impossible within its validity period for reasons beyond the Customer's control, the Partner may decide to extend the validity period of the Gift Card or issue a new Gift Card with a value corresponding to the expired Gift Card.
The Partner may decide to terminate the sale of Gift Cards at any time. Customers who have purchased Gift Cards by the closing date of the sale are entitled to redeem them under the existing terms and conditions.
The Partner is not liable for Gift Cards that are lost or damaged after they have been issued to the Customer. The Partner is unable to block a Gift Card in the event of its loss or damage.

VII. Publishing opinions on the System

The Customer has the option of posting opinions about Partners and the Services they provide in the System, providing them with a signature (nickname) or customer data. By posting opinions in the System, the Customer agrees to the publication of opinions and their data.
Opinions about Partners may:
1. relate only to the Booking that took place / Services that were actually provided;
2. relate only to their professional activities and Services rendered;
3. be based solely on personal experience with the Partner’s Services
The Customer is solely responsible for published content.
The Customer undertakes that:
1. they will have all rights to the content constituting the opinions published by them, including copyrights, or that he will have the necessary rights;
2. they consent to their publication - thereby authorizing third parties, including in particular Booksy, to use them to the extent described in the Terms of Service;
3. will not publish false or intentionally misleading opinions;
4. that it will not include advertising, marketing or content containing so-called product placement;
5. their opinions will not violate the law, personal rights or the principles of social coexistence, in particular that: they will not contain vulgar and offensive expressions, refer to private and family life and call for the use of violence or hatred, including racial, religious or ethnic, homophobic, or contain defamatory content.
Booksy has the right to refuse to publish an opinion, and to remove a published opinion if it is contrary to the Terms of Service or legal provisions. Removal of the opinion is irreversible.
Booksy is not responsible for the content of reviews published by customers.
Upon posting the content in the System, the Customer grants Booksy a non-exclusive, free license to use the content posted in the System in accordance with the Terms of Service, including the use of the image, in the following fields of exploitation known at the time of granting the license:
1. in the field of recording and reproduction of a work - production of copies of the work using a specific technique, including digital technique, magnetic recording, and printing and reprographic technique;
2. in the scope of trading the original or copies on which the work has been recorded - placing on the market the original or copies of the work;
3. in the scope of distributing the work in a manner other than specified in point b. - public performance, exhibition, display, playback, broadcasting and rebroadcasting, as well as making the work available to the public in such a way that everyone can have access to it at the place and time chosen by them, including sharing the work on the Internet.
The scope of the license indicated in paragraph 7 above includes Booksy's right to use content within the System - to ensure the functioning, promotion and advertising of the System and content posted on the System by third parties and to inform about the operation of the System - also after the Customer resigns from using the System and after deleting the Customer Account.
If the content published by the Customer contains the image of the Customer or a third party, upon posting such content in the System, the Customer grants Booksy free consent to use the above mentioned image, in particular for the promotional and marketing purposes of Booksy and the Partner, on the principles and fields of exploitation specified in paragraph 7-8 above.
The Customer bears full liability for damages against Booksy for all damages incurred by Booksy in connection with placing in the System the content published by the Customer and the use of Booksy by the content under the terms of the license and consent referred to in paragraph 7-9 above.
Reviews submitted by Customers who have used the services of a given Partner are marked with the tag 'Verified User by Booksy.' Regarding these reviews, Booksy ensures that they originate solely from Customers who have utilized the services of the specific Partner. Only after the Partner's Service has been fulfilled do Customers gain the ability to publish reviews. As for reviews that do not possess the 'Verified User by Booksy' tag, Booksy does not guarantee that such reviews come from Customers who have used the services of the specific Partner.

VIII. Booksy's rights and responsibility

Booksy is not responsible for:
1. interruptions in the functioning of the System resulting from reasons beyond its control, in particular those constituting force majeure;
2. functioning of ICT systems and telecommunications networks when making payments by customers via the System;
3. technical problems or difficulties related to the operation of computer or telecommunications equipment that impede or prevent the use of the System or services offered through it;
4. the authenticity, reliability, correctness and completeness of data and information placed in the System by Users and transferred between Users via the System;
5. damages caused by Users in connection with their improper performance or non-performance of contracts accepted via the System;
6. damages caused by Users due to violation of third party rights;
7. damages caused by the actions of third parties for whom Booksy is not responsible;
8. damages caused in connection with the sale and provision of Services via the System, in particular Services rendered improperly, without complying with the required standards, violating the law or not having the offered properties;
9. damages caused in connection with the Users 'inability to accept contracts via the System and in connection with Users' insolvency;
10. damages incurred by customers in connection with the blocking or removal from the Account System in connection with the violation by the Customers of the provisions of the Terms of Service or generally applicable law.
Booksy is liable to Customers only for the compliance of the Services with these Terms of Service and for damages incurred by Customers as a result of using the System.
Booksy is entitled to partially or completely disable the functioning of the System in order to carry out its repair or improvements without having to inform Customers in advance. In the event of complete deactivation of the System, an appropriate message will be published on the Booksy website.
Booksy:
1. is not responsible for stored data if it is not aware of the unlawful nature of the data or related activities, and if it receives official notification or reliable information about the unlawful nature of the data or related activities, it will immediately prevent access to such data;
2. if he receives an official notification of the unlawful nature of the stored data provided by the Customer and prevents access to such data, he shall not be liable to the Customer for any damage resulting from preventing access to such data.
The division of responsibilities related to the agreement, which is concluded by the Customer with the Partner through the System, is as follows:
1. Booksy is responsible for providing the Customer with the System, which enables, among other things, establishing contact between the Customer and the Partner in order to enter into agreements for the provision of Partner's Services and making Reservations;
2. the Partner is responsible for providing the service that the Customer has reserved through the System, handling complaints, and enabling the Customer to exercise consumer rights. In order to exercise consumer rights, the Customer is obliged to contact directly the Partner responsible for the respective service.

IX. Complaints about System malfunction

Irregularities in the operation of the System can be advertised by customers by appropriate Booksy notification.
Complaints regarding the operation of the System should be reported by e-mail to the following address: help.gb@booksy.com.
Booksy reserves the right to request the complainant to provide information or explanations when it is required to consider the complaint.
The complaint will be considered within 30 days of its receipt and resolved within a maximum of 8 weeks.
A response to the complaint will be sent to the e-mail address assigned to the Customer's Account or to the address of residence indicated in the complaint submitted in writing.

X. Complaints about Services provided by Partners

Complaints about non-performance or improper performance of Services should be directed directly to the Partners. Partner's data necessary to file a complaint, including the correct postal address or email address, are available in the Partner's profile in the System.
Complaints about the Services provided by Partners submitted to Booksy will be forwarded to individual Partners, about which the Customer will be notified by e-mail to the Customer's e-mail address provided during Registration or when submitting a complaint.
The Partner shall be responsible for considering complaints regarding the Services on terms consistent with generally applicable law.

XI. Mobile Payments

Booksy has entered into an agreement with the Payment Operator to enable Partners to accept payments from Customers. The Customer may use Mobile Payments when the Partner has activated Mobile Payments in the Partner Application.
The Payment Operator services and Mobile Payments are independent of Booksy and do not constitute part of the Agreement concluded between Booksy and the Customer. Booksy is not responsible for the services provided as part of Mobile Payments by the Payment Operator.
Payments for Partner Services are made and settled by the Payment Operator, in accordance with the Terms of Service available on the Payment Operator's website. Ordering, authorizing and making Mobile Payments are specified in the Payment Operator's Terms of Service.
The Customer may make Mobile Payments for the Partner’s Services using a credit or debit card or another payment method available in the System.
The Customer using Mobile Payments, warrants that it is legally authorized to make such payments from its debit or credit card account(s) and that such action does not violate the terms of use of such card accounts or applicable law. When authorizing a payment with a debit or credit card, the Customer warrants that sufficient funds or credit are available to complete the payment.
The Customer, after indicating in the System that he intends to pay for the Partner Services using Mobile Payments, authorizes the Payment Operator to charge the selected payment method with the full amount for the Partner Service, the deposit and the prepayment. The Customer is responsible for the timely settlement of all amounts owed to the Partners. The Customer is solely responsible for paying for the Partner Services via Mobile Payments or other means of payment, the full value of the Partner Service.
Mobile Payment must be confirmed each time in the Application for the Customer. However, the Customer may activate automatic acceptance of Mobile Payments in the Customer Application, in which case, Mobile Payments will be made without the need for the Customer to confirm each payment.
Booksy is not responsible for payment for the Partner Services by the Customer.
The history of Mobile Payments is available in the Customer Account in the Customer Application. The Customer may generate an email confirmation of such Mobile Payment history at any time. Such generated confirmation is not a receipt, invoice or any other accounting or fiscal document.
The Customer, as the payer ordering the payment transaction, confirms that by accepting the Terms of Service, he/she authorizes the Payment Operator to transfer his/her data as the payer to Booksy.
The Customer grants Booksy a power of attorney to download and share the Mobile Payment history in the Customer Account in the Customer Application.
The Customer is obliged to use Mobile Payments in accordance with the provisions of law, these Terms of Service and the terms of Service of the Payment Operator.
Booksy shall not be liable for any payments that Mobile Payments fails to settle, that is, in particular, if (i) the payment card account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit or overdraft protection of the card account; (ii) correct payment card information has not been provided; (iii) the validity of the debit or credit card has expired; (iv) independent circumstances (such as, but not limited to, power outages, cellular service interruptions, or any other external disruption) prevent the transaction from being completed; (v) the bank handling the transaction refuses to authorize it for reasons other than those specified above. To the extent that any amounts due cannot be debited from your debit or credit account via Mobile Payments, you are solely responsible for paying Partner by other means, such as cash, for the full value of the Partner Service scheduled and/or provided.

XII. Technical requirements

In order to use the System on a computer, it is necessary to have devices that allow access to the Internet, e-mail and a web browser. The use of Booksy services via the System requires an active Internet connection. Using the System on a mobile device requires a functional mobile device with the current Android or iOS system. The customer should, on his own responsibility and on his own responsibility, ensure that the technical requirements of the mobile device are met, its configuration, software update and access to the Internet. The cost of buying a mobile device, other devices that allow access to the Internet, and the cost of connecting to the Internet is borne entirely by the customer.
Particular threats related to the use of the Application by Customers include providing login data to unauthorized persons who may intentionally change the configuration of the Customer Profile. Therefore, it is recommended to keep secret system passwords and not share them with third parties. Booksy is not responsible for losses resulting from the disclosure of passwords or Account.
Booksy informs the Customer about the updates to the System, including those related to the necessary security measures to maintain the System's compliance with this Terms of Service, and provides them to the Customer throughout the duration of the System's availability.

XIII. Personal data. Privacy

Booksy attaches particular importance to respecting customer privacy.
The Customer is obliged to update his personal data, in particular on his Profile, Account or in the System.
The Customer, entering his data in the System:
1. agrees that his name and photo provided by them in the Profile will be available to all Internet users;
2. Partners will contact them directly to the e-mail address or phone number provided by them during Registration.
When creating an Account, the Customer may express appropriate consent regarding the processing of personal data and electronic communication for other purposes, including the performance of the contract accepted with Booksy.
The essence of the System and Business Application is to enable Partners to provide Services to Customers and to enable Customers to use Partner Services while promoting the services offered by Booksy and Partner Services. Therefore, Booksy and Partner process Customers' personal data for their own purposes, therefore they are separate controllers of their personal data. When the Customer uses the Application to book a Partner service:
1. a contract is accepted between the Customer and the Partner for the Customer to provide Services to the Customer;
2. The Customer may additionally grant the Partner consent in the Application to process his personal data (for electronic communication, profiling) for purposes other than to perform the contract with the Customer;
3. Booksy provides the Partner via the Application with the Customer's personal data needed to provide Services to that Customer;
4. The Partner becomes the administrator of the personal data of such a Customer, therefore he is obliged to comply with the principles set out in the GDPR and bears responsibility under the provisions.
Due to the fact that the essence of the System's operation is making a Service Booking, which involves the need to confirm the Booking and the deadline for the Service, after making the Booking, the Customer will receive via the System, e-mail / push correspondence or sms messages containing the above mentioned confirmation. These confirmations do not contain marketing or commercial content, only information about the Booking.
When the Partner will use the tools available as part of Booksy's services (e.g. visit calendar, reminders, marketing) - Booksy will, to the extent necessary, process Customer's data on the terms set out in the agreement with the Partner - in accordance with art. 28 GDPR - contract entrusting the processing of personal data, and the Partner will continue to be the administrator of his personal data.
The purposes for which the Partner will be able to process the Customer's data will depend on whether and what consents the Customer has given the Partner to process his personal data, whether these consents have not withdrawn or did not object to the processing of his personal data by the Partner.
Detailed information on the legal basis and purposes of Booksy's processing of Customers' personal data is available here.
Booksy's privacy policy, including cookie policy, is available here.

XIV. Final Provisions

Booksy reserves the right to amend the Terms of Service due to a valid reason. A valid reason is:
1. to comply with generally applicable laws, interpretations or guidelines of a competent authority.
2. the issuance of a judgment, decision or other similar act by a court or a competent authority;
3. to prevent violations of the Terms of Service or to prevent abuse, as well as to remove ambiguities or doubts of interpretation regarding the content of the Terms of Service;
4. changes in the names, addresses or company data indicated in the content of the Terms of Service;
5. changes in technical parameters or functionality of the System;
6. changes in the scope, form or conditions of the Booksy Services.
Amendments will be published in the form of a consolidated text together with information about them on the website www.booksy.com.
Booksy shall notify the Customer of the amendments to the Terms of Service by email sent to the email address associated with the Customer's Account or by internal correspondence addressed to the Customer directly to the Customer’s Account in the System at least 15 days before they become effective.
The Customer may not accept the changes to the Terms of Service and, in this case, has the right to request the deletion of the Account by submitting an appropriate written statement within 15 days from the date of notification of the change to the Terms of Service. In the absence of such a demand, the Customer shall be deemed to have accepted the amendments without reservations.
The following attachments are integral parts of the Terms of Service:
1. Annex 1 to the Terms of Service of the Booksy Application for Customers - "Model statement on withdrawal from the contract".

Annex 1 to the Terms of Service of the Booksy Application for Customers
Model declaration of withdrawal from the contract

Booksy Inc.

Office 206, FOUNDRY, 78 The Beacon, Eastbourne, BN21 3NW

I, the undersigned, hereby inform about my withdrawal from the contract for the use of the Booksy Application for Customers.

The date of conclusion of the contract: __________________________

Consumer name and surname: _____________________

Consumer Address: ____________________________

Consumer's signature (only if the form is sent in paper version)

Date: ______________

Last update: March 17, 2025